Section 3. Concerning the Obligation of Absolving.

391. Concerning Absolution to Be Granted, Deferred, or Denied: General Rules.¹

1. A sufficiently disposed penitent per se must be absolved under grave sin from justice; for a. a rightly disposed penitent has the right of receiving absolution, since the priest, by this very fact that he hears the confession, binds himself by a tacit contract to grant absolution to him who duly completes confession and appears disposed; b. generally, absolution granted at once profits the penitent more than its delay; for he emerges from the most miserable state of sin, becomes a participant in the graces and goods which are granted to the just and denied to sinners, and finally is helped in amendment of life by the grace of both sacraments, penance and the Eucharist.

a. Even a penitent who has accused only venial sins has the right of receiving absolution, provided he is rightly disposed; if, however, once or twice he is dismissed without absolution with only a blessing, no grave injury is inflicted on him, and therefore this could sometimes be done without sin from a reasonable cause.

b. Those authors also who think that a merely generic confession of venial sins is licit (n. 231) concede that a penitent who accuses himself only in general of venial sins or of mortal sins already remitted, when he could confess in species, and who refuses to confess distinctly when the confessor asks, does not have the right of receiving absolution; for the confessor receiving the penitent does not intend to bind himself to absolve him unless he confesses according to the custom received in the Church.

2. Absolution can be deferred even for a sufficiently disposed penitent, if the confessor has judged this to be truly useful to him; for although he has a right to absolution, nevertheless he does not have the right to receive it immediately when delay seems useful, either for striking horror into him concerning sins committed or for strengthening the will in the purpose of not sinning.

a. It is the most common opinion of theologians that the delay of absolution will sometimes be useful to penitents, especially occasionaries and recidivists, if it is prudently employed. But although the utility of deferred absolution is sometimes great, nevertheless it can never be called a necessary means which must be employed by the confessor to procure the salvation and amendment of a rightly disposed penitent. The delay of absolution can be called necessary only when the confessor doubts concerning the sufficient disposition of the penitent; for in this case it can be the one and necessary means from which the confessor judges concerning disposition. But as regards a rightly disposed penitent, the delay of absolution can never be called prescribed and necessary.

b. Therefore the one reason on account of which absolution can be deferred for a rightly disposed penitent is his spiritual utility. This utility chiefly consists in this: that from the difficulty of obtaining absolution, the penitent better knows the gravity of sin and conceives a greater horror for sins committed, and that his weak will is strengthened in the purpose of amendment. Therefore just as the confessor, foreseeing that delay of absolution will harm the penitent more than profit him, acts unjustly if he nevertheless defers it, so, when the spiritual utility of the penitent exists, he can licitly defer it per se even if the penitent is unwilling.

c. Nevertheless delay of absolution will scarcely ever be useful unless the penitent himself consents to the delay; for if he bears the matter with difficulty, he is offended rather than amended by the delay; wherefore it must be feared that for this reason he will be wholly alienated from receiving the sacraments. Therefore it can be said as a norm: absolution is not to be deferred for a disposed penitent if he himself is unwilling.

d. Absolution is not to be deferred except for a short time: for a few days, for a week, but not for fifteen days, much less for a month; for a longer delay harms the penitent more than it profits, since it is grave to remain for several days in the state of mortal sin both because of the danger of death, which is always threatening, and because of the innumerable goods of which a man who is in sin is deprived.

e. From these things it follows that it cannot be defined by a general rule when absolution should be deferred, but, as St. Leonard of Port Maurice says, "the whole must be left to the prudence of the confessor, who in particular cases ought to follow neither inclination, nor nature, nor compromise, nor the example of others, but only the unction of the Holy Spirit accompanied by good doctrine and the study of prayer."

Note. If, however, the penitent does not consent to the delay, but explicitly asks for absolution, this must be granted to him. For to one who is disposed, delay is not useful if absolution is deferred while he is unwilling. Therefore the new Code, cn. 886, has these things: If the confessor cannot doubt concerning the dispositions of the penitent and the latter asks for absolution, absolution is neither to be denied nor deferred.

3. Absolution must always be denied to a certainly indisposed penitent; for he who absolves an indisposed person commits a grave sacrilege, nor can any necessity of the penitent excuse the confessor from this sin.

Nevertheless those who approach unprepared and indisposed to make confession can, by the work and industry of a zealous confessor with the grace of God, be disposed to receive absolution. And if they give sufficient signs of sorrow and purpose, nothing prevents even those who had approached confession unprepared and indisposed from being absolved at once. Those who think that penitents who approach confession unprepared cannot be rightly disposed by the warning and exhortation of the confessor oppose the doctrine and practice both of the saints and of theologians of great name.²

4. A doubtfully disposed penitent cannot be absolved unless there is a grave cause on account of which absolution can or even must be given under condition: the reason for the first is lest the sacrament be exposed to danger of nullity; the reason for the second is that the sacraments are for men.

a. A doubtfully disposed person can or even must be absolved under condition if he is in the article of death, if otherwise he would incur the mark of infamy because he suggests suspicion of denied absolution, if otherwise he would be alienated from the sacraments, if he would have to lack the grace of the sacrament for a long time, if he would be forced to repeat the confession before another priest, if the precept of annual confession urged, etc.; even doubtfully disposed spouses who are soon to contract marriage can be conditionally absolved lest they certainly contract sacrilegiously.

b. Frequently the matter will be so that absolution can indeed be given because some indications of disposition are present, but also can be deferred because a prudent judgment concerning the disposition cannot be formed. In these circumstances let the confessor consider what, with the character of the penitent taken into account, is more expedient for his salvation. But since in our time it must greatly be feared that those not absolved will not return any more, unless they are animated by firm faith, generally the confessor will profit the salvation of souls more if he is rich in mercy and does not dismiss the penitent to another time, but spends all his care and work so that, with divine grace, he disposes him to receive valid absolution and absolves him when disposed; for if absolution is deferred, after the time has elapsed he will scarcely return more disposed.

Note. Since the general rules established above concerning absolving penitents make a particular difficulty in certain cases, one must treat in particular: a. concerning absolving habitual sinners; b. concerning absolving recidivists; c. concerning absolving occasionaries.

¹ Cf. Bucceroni, Commentarius de absolutione danda, differenda, deneganda (Rome: Armanni, 1889). Pighi, De iudicio sacramentali (Verona: Cinquetti, 1897).

² Those things which Ballerini wisely warns, De poenitente minus disposito iuvando, are worthy to be read. Ballerini-Palmieri V, n. 1858 s.